directly used. Such interpretation is also referred to in section 8 subsection 2 clause 13, which stipulates that mining water is just water not sewage water. In practice the requirements for mining water and drainage water are provided in the water permit, taking partially into account the emission limit values of pollutants, which are stipulated for sewage water. It cannot be considered as transparent administrative practice and also it gives too wide discretion to administrative body (see suggestions in Chapter 8.5.1). By December 15, 2015, good status of surface and ground water must be obtained (Section 35 subsection 2). In order to achieve this objective, the restrictions to discharge of pollutants, including dangerous substances, and requirements to agriculture are provided. The status of wetlands is taken into account in determination of the limit values of the concentration of pollution and dangerous substances to groundwater (Section 266 subsection 2).
Environmental Impact Assessment and Environmental Management System Act
Environmental Impact Assessment and Environmental Management System Act (EIA Act) was adopted on February 22, 2005 and entered into force on April 3, 2005.34 EIA Act regulates environmental impact assessment (EIA) of the development projects, which have significant environmental impact and strategic impact assessment (SEA), which is carried out to strategic planning documents (development plans and spatial plans). The Act provides the rules of procedure of EIA and SEA and the requirements of the content of the reports if EIA and SEA. Environmental impact shall be assessed in the following cases: 1. upon application for or application for amendment of a development consent if the proposed activity which is the basis for application for or amendment of the development consent potentially results in significant environmental impact; 2. if activities are proposed which alone or in conjunction with other activities may potentially significantly affect a Natura 2000 site (Section 3). It is presumed that environmental impact is significant, inter alia, in the following cases (Section 6 subsection 2 clauses 18, 28, 29 and 31): • at least 10 million m3 of ground water is abstracted in a year; • mineral resources are extracted in open mining on bigger territory than 25 ha; • mineral resources are extracted underground or peat is extracted mechanically; • the extraction of mineral resources in previous cases and extent is finished; • the wetland is drained on larger territory than 100 ha. EIA may be conducted also in other cases if during the consideration of issuing a permit it will be determined that there is significant environmental impact (Section 6 subsections 3-5). In result of EIA and SEA the alternatives of activities or locations will be offered and also the measures of prevention or reduction of significant environmental impact or environmental requirements.
34 Access at: https://www.riigiteataja.ee/akt/116112010013&leiaKehtiv (10.02.2011). ESTONIAN MIRES: INVENTORY OF HABITATS
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